When you’re faced with any kind of legal action, the decision to hire an attorney or go it alone and represent yourself is one that should be weighed very carefully. In particular, you might focus on two key questions: What is at stake? And how complex is the legal territory? Let’s look at both of those questions in the context of a medical malpractice case.
Whether the doctor lived up to the standard of care will likely require an expert opinion. One of the issues the expert will examine is the defendant doctor's differential diagnosis method. When trying to diagnose a patient, a doctor makes a list of diagnoses in order of probability and tests them by asking the patient questions, making further observations of the patient, or ordering tests. The goal is to rule out diagnoses until there is only one diagnosis remaining. However, in many instances, a doctor learns more information that requires him or her to supplement the list with other potential diagnoses.
Before every medical malpractice case, Goldfinger Law will retain a doctor or leading medical expert in your field of care to assess the merit of your case. This doctor will give us their opinion on whether or not your case will stand a fighting chance in Court. But these opinions are NOT free. They come at a cost. Only in the most obvious of cases will these medical opinions be free of charge.
Every incident of misdiagnosis is not considered medical malpractice. In order for a misdiagnosis to be labeled as medical malpractice, the plaintiff must be able to prove that the doctor was negligent. This means the plaintiff must show that another doctor would have been able to accurately diagnose the victim’s condition under similar circumstances.
Because her breast cancer had not been treated in time, it had actually metabolized—or spread—to her lymph nodes. She immediately underwent a mastectomy and began a radiation and chemotherapy routine. However, because of the advanced stages of this cancer, it spread to her bloodstream and to her bones. As noted at trial—and looking at the facts of the spread of cancer—she might not live for much longer.
That is one of the main reasons the legal system exists! To compensate people who been injured by their doctors’ mistakes! If your doctor has made a medical mistake, he may well have committed what is known in the legal community as negligence. In order to prove negligence, your attorney will have to show that (a) your doctor owed you a duty of care, (b) your doctor breached that duty of care, (c) your doctor’s breach caused you injury, and (d) you did in fact suffer an injury.
If you think you’ve been a victim of medical negligence at a hospital, you should speak to a lawyer as soon as possible. The statute of limitations, or the legal timeframe in which one can bring a medical negligence suit, begins once the injury is known or should have been known. The Florida statute of limitations for medical malpractice claims is generally 2 years-absent some exceptions that can extend the period up to 4 years or 8 years for infants.
An employer was displeased with employee’s work, and began circulating an old mug shot of the employee around the office. The employer then hired a private investigator to place the employee under surveillance. Coincidentally, the investigator discovered that the employee was cheating on his wife, took photos, and sent them to his wife. The employee's wife subsequently divorced him. The employee sued the employer for IIED. The Court held that the employee could not sue the employer for IIED because the conduct did not rise to the level of “outrageous.” 
Successful lawsuits require proof that physicians failed to meet the “standard of care” other reasonable doctors would have and that the failure caused injury.That’s hard, Knutsen says, especially since it’s easier for doctors to find — and pay for — physician experts.“What was the cause of this person’s misfortune? Could it be the cardiac arrest or disease they showed up at the hospital with? Was it a pre-existing condition? Was it someone else’s fault?” he asks.
In a handful of states, the court sets (or at least can consider the reasonableness of) the percentage that a plaintiff’s medical malpractice lawyer can receive after a successful case. For example, in Arizona, either party may request that the court review the reasonableness of an attorney fee agreement in a medical malpractice case. And in Tennessee, the court itself sets the amount that the attorney will receive, and the lawyer's "cut" may not exceed 33 and 1/3 percent.
“I was very fortunate to have Richard Jaffe of Law Office of Cohen & Jaffe, LLP, represent me in my case. Throughout the entire process, Rich was professional, always explaining every detail of my case. He was available whether it was through a phone call, text or email. Not only was Rich an extreme professional but he also kept it personal, not making me feel like a case number. I would highly recommend Richard Jaffe, his firm and all of his staff to anyone seeking diligent and professional results.”
Medical malpractice cases can be complex. It can sometimes take a medical expert to understand what really happened. Yet it is a jury of non-medical people who will decide whether you win or lose your malpractice case. Your lawyer and your medical expert witness must be able to present difficult medical issues to the jury in a way that is easily understandable and that makes common sense.
For claims based on negligence, the cases might be barred in various states based on the presence or lack of physical injury. Some states don’t allow emotional distress claims particularly in cases where the suffering is a direct result of physical injury. Conversely, other states require the plaintiff to demonstrate or show evidence of the physical harm suffered or illness that has resulted from the emotional distress. And other states limit NIED claims strictly to emotional distress that is experienced directly or as a bystander within a region of physical danger.
Properly illustrating your pain and suffering damages at trial for the jury to understand is essential in order to be adequately compensated for your injuries. As stated above, while juries may have a relatively easy time determining the amount of compensation for economic damages because those are numbers can be seen reflected in medical bills and documented lost wages, they often struggle with placing a monetary value on someone’s pain and suffering because these are admittedly abstract concepts.
For example, insurance companies will most likely consider injuries treated by a doctor or specialist to be more serious than injuries treated by a chiropractor. Insurance companies will also do their own reasoning to negate some of the most concrete concepts, like the length of treatment. If they think you didn’t need to your doctor for that last appointment, they will not include that time in the pain and suffering calculation.
All medical doctors owe their patients a duty of care to act reasonably under the circumstances. This means that they must act as a “reasonable doctor,” who works in the same geographical area as the defendant doctor, would act under the same or similar circumstances. Doctors who are specialists are usually held to a nationalized standard of care when it comes to medical negligence cases.